PRINTER'S NO. 1682
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1352
Session of
2017
INTRODUCED BY BLOOM, PICKETT, TOPPER, WARD, MILLARD, SOLOMON,
ZIMMERMAN, B. MILLER, GROVE, SAYLOR, MOUL, CUTLER, WHEELAND,
ROTHMAN, COX, SANKEY, HICKERNELL, MENTZER AND GABLER,
MAY 9, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 9, 2017
AN ACT
Providing for review of certain applications submitted to the
Department of Environmental Protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Alternative Permitting Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." A person that submits an application for a
permit to the department.
"Application." A submittal to the department by a person
that seeks or otherwise requests any of the following:
(1) New permit.
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(2) Permit renewal.
(3) Permit amendment.
(4) Permit modification.
(5) Permit transfer.
(6) Change of ownership of permit.
"Board." The Environmental Quality Board of the
Commonwealth.
"Department." The Department of Environmental Protection of
the Commonwealth. The term includes a Commonwealth subdivision
with the authority to issue permits:
(1) on behalf of or in lieu of the Department of
Environmental Protection by delegation from or under a
cooperative agreement with the Commonwealth; or
(2) delegated from or authorized directly by the United
States.
"Licensed professional." A professional engineer, landscape
architect, geologist and land surveyor licensed to practice in
this Commonwealth.
"Permit." A general permit administered by the department.
"Person." An individual, firm, joint venture, partnership,
corporation, association, municipality, municipal authority,
cooperative association or joint stock association, including a
trustee, receiver, assignee or personal representative thereof.
Section 3. Applicability.
(a) General rule.--Except as provided in subsection (b), the
provisions of this act shall apply to the department and an
applicant that submits an application after the effective date
of this section.
(b) Exceptions.--This act shall not apply to any of the
following:
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(1) A permit issued solely to comply with Federal law.
(2) A permit for a project that is subject to an
existing specific State statutory or regulatory review
deadline that is sooner than the applicable deadline under
this act. An additional permit related to the same project
that does not have a specific State statutory or regulatory
review deadline shall be reviewed in accordance with the
statutory or regulatory deadline for the permit exempted
under this paragraph.
(3) An administrative consent order or other enforcement
action relating to a permit or lack of permit.
(4) The revocation of a permit.
Section 4. Alternative review of applications certified by
licensed professional.
(a) Duty of department.--The department shall develop an
alternative review process for the submittal of an application
certified by a licensed professional, including a draft permit.
The process shall provide that the application be subject to
public notice, public hearing, or both, as necessary immediately
upon receipt and to technical review by personnel within the
department. The department shall develop:
(1) necessary forms to be used;
(2) a checklist for applicants that lists all items of
information required to prepare a complete application;
(3) the form of the certification required on the
application by a licensed professional; and
(4) information that must be included in a draft permit.
(b) Immediate initiation of review.--Upon receipt of an
application certified by a licensed professional and upon a
determination that the application is complete under
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subsection (c), the department shall immediately:
(1) Publish any required notices, using the draft permit
included with the application.
(2) Schedule required public meetings or hearings on the
application and permit.
(3) Initiate a technical review of the application in a
manner to ensure substantial completion of the technical
review by the time of any public hearing on the application,
or, if there is no hearing, by the close of the comment
period.
(c) Completeness review.--
(1) Within 10 working days of receipt of the permit
application certified by a licensed professional, the
department shall determine whether the application is
complete.
(2) The department shall determine whether the
application is complete by comparing the information provided
in the application with the checklist contained in the rules
adopted by the board under this act.
(3) (i) If the application is not complete, the
department shall promptly notify the applicant in writing
of all deficiencies of the application and specify the
items that need to be included, modified or supplemented
in order to make the application complete. The 10-day
time period shall be suspended after the request for
further information.
(ii) If the applicant submits the requested
information within 10 days, the application shall be
considered with no delay in the review process and the
10-day time period shall be resumed on the day the
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additional information was requested.
(iii) If the additional information is not submitted
within the time periods specified, the department shall
return the application to the applicant and the return of
the application shall be deemed as a denial of the
application. The applicant may resubmit the application
at a later time.
(4) If the department fails to notify the applicant that
the application is not complete within the time period
specified in this subsection, the application shall be deemed
to be complete.
(d) Time for permit decision.--
(1) If an application is found to be complete under
subsection (c), the department shall issue a permit decision
within 45 days of receipt by the department.
(2) If the department fails to issue a decision on an
application in accordance with the time specified in
paragraph (1), the application shall be deemed approved.
(e) Liability.--If an application is found to be complete
under subsection (c), and the department approves the permit
substantially in the form submitted by the applicant without
requiring any changes, liability for the permit review shall be
solely on the applicant and the licensed professional that
certified the application.
(f) Power to halt review.--At any time after the permit
application certified by a licensed professional is determined
to be complete under subsection (c), the department may
immediately terminate review of the application, including
technical review and meetings scheduled on the application, upon
a determination that:
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(1) the application is not in substantial compliance
with this act or any other applicable law or regulation; or
(2) the applicant failed to pay the application fee.
(g) Rights if review halted.--If the department terminates
review of an application under subsection (f), the applicant
may:
(1) revise and resubmit the application;
(2) treat the action as a denial of the application and
appeal the action in accordance with the act of July 13, 1988
(P.L.530, No.94), known as the Environmental Hearing Board
Act; or
(3) appeal the denial directly to Commonwealth Court.
(h) Fee prohibited.--The department may not impose an
additional fee for the receipt or processing of an application
certified by a licensed professional.
(i) Construction.--Nothing in this section shall be
construed to require an application certified by a licensed
professional to be submitted to the department.
Section 5. Review of applications other than those certified by
licensed professional.
(a) Duty of department.--The department shall adopt time
frames for the review of a permit application submitted under
this act, other than an application certified by a licensed
professional. The time frames shall specify the maximum time for
the following actions in reviewing the application:
(1) Determining that the application is complete.
(2) Requesting additional information to determine
completeness.
(3) Determining that additional information is needed to
conduct a technical review of the application.
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(4) Completing all technical reviews of the application.
(5) Holding and completing necessary public meetings and
hearings required for the application.
(6) Completing the record, including reviewing and
acting on the application.
(7) Taking final action on the permit, including
approving or denying the application.
(b) Final action.--The department shall not have more than
90 days following the submittal of a complete application to
take final action under this section.
Section 6. Report.
Upon the promulgation of regulations by the board to
effectuate the provisions of this act, and not later than
January 31 of each year thereafter, the department shall submit
an annual report to the General Assembly. At a minimum, the
report shall contain the following:
(1) Number of applications received in the prior
calendar year for each expedited review by a licensed
professional and other permits subject to this act.
(2) Number of applications approved for each expedited
review by a professional engineer and other permits subject
to this act.
(3) Average time frame for review of applications for
each expedited review by a licensed professional and other
permits subject to this act, organized by regional office of
the department.
(4) Number of permit reviewers on staff in the
department and the average workload of each permit reviewer,
organized by regional office of the department.
(5) Reasons cited for administrative or technical
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deficiencies or permit denials.
Section 7. Construction.
Nothing in this act shall be construed to modify:
(1) any requirement of law that is necessary to retain
Federal delegation to or assumption by the Commonwealth; or
(2) the authority to implement a Federal law or program.
Section 8. Effective date.
This act shall take effect in 120 days.
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